n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - International jurisdiction in claims sounding in money : is the last word?

Volume 20, Issue 1
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



A foreign judgment is a judgment pronounced by a foreign court, that is to say, by a court other than a South African court. Following from the principle of territorial sovereignty, a foreign judgment cannot, in terms of the common law, have a direct operation of its own force within South Africa. When municipal courts in South Africa and elsewhere therefore follow the long established practice of recognising and enforcing foreign judgments, they do so by virtue and on the strength of their own national law and not on the basis of some pre-existing obligation imposed upon them by public international law.

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